[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 728 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 728

    To authorize the Secretary of the Army to carry out restoration 
                 projects along the Middle Rio Grande.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2007

 Mr. Domenici introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To authorize the Secretary of the Army to carry out restoration 
                 projects along the Middle Rio Grande.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds that--
            (1) the Middle Rio Grande bosque is--
                    (A) a unique riparian forest along the Middle Rio 
                Grande in New Mexico;
                    (B) the largest continuous cottonwood forest in the 
                Southwest;
                    (C) one of the oldest continuously inhabited areas 
                in the United States;
                    (D) home to portions of 6 pueblos; and
                    (E) a critical flyway and wintering ground for 
                migratory birds;
            (2) the portion of the Middle Rio Grande adjacent to the 
        Middle Rio Grande bosque provides water to many people in the 
        State of New Mexico;
            (3) the Middle Rio Grande bosque should be maintained in a 
        manner that protects endangered species and the flow of the 
        Middle Rio Grande while making the Middle Rio Grande bosque 
        more accessible to the public;
            (4) environmental restoration is an important part of the 
        mission of the Corps of Engineers; and
            (5) the Corps of Engineers should reestablish, where 
        feasible, the hydrologic connection between the Middle Rio 
        Grande and the Middle Rio Grande bosque to ensure the permanent 
        healthy growth of vegetation native to the Middle Rio Grande 
        bosque.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Middle rio grande.--The term ``Middle Rio Grande'' 
        means the portion of the Rio Grande from Cochiti Dam to the 
        headwaters of Elephant Butte Reservoir, in the State of New 
        Mexico.
            (2) Restoration project.--The term ``restoration project'' 
        means a project carried out under this Act that will produce, 
        consistent with other Federal programs, projects, and 
        activities, immediate and substantial ecosystem restoration, 
        preservation, recreation, and protection benefits.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.

SEC. 3. MIDDLE RIO GRANDE RESTORATION.

    (a) Restoration Projects.--The Secretary shall carry out 
restoration projects along the Middle Rio Grande.
    (b) Project Selection.--
            (1) In general.--The Secretary may select restoration 
        projects in the Middle Rio Grande based on feasibility studies.
            (2) Use of existing studies and plans.--In carrying out 
        subsection (a), the Secretary shall use, to the maximum extent 
        practicable, studies and plans in existence on the date of 
        enactment of this Act to identify the needs and priorities for 
        restoration projects.
    (c) Local Participation.--In carrying out this Act, the Secretary 
shall consult with--
            (1) the Middle Rio Grande Endangered Species Act 
        Collaborative Program; and
            (2) the Bosque Improvement Group of the Middle Rio Grande 
        Bosque Initiative.
    (d) Cost Sharing.--
            (1) Cost-sharing agreement.--Before carrying out any 
        restoration project under this Act, the Secretary shall enter 
        into an agreement with the non-Federal interests that shall 
        require the non-Federal interests--
                    (A) to pay 25 percent of the total costs of the 
                restoration project through in-kind services or direct 
                cash contributions, including the cost of providing 
                necessary land, easements, rights-of-way, relocations, 
                and disposal sites;
                    (B) to pay 100 percent of the operation, 
                maintenance, repair, replacement, and rehabilitation 
                costs associated with the restoration project that are 
                incurred after the date of enactment of this Act; and
                    (C) to hold the United States harmless for any 
                claim or damage that may arise from the negligence of 
                the Federal Government or a contractor of the Federal 
                Government.
            (2) Non-federal interests.--Notwithstanding section 221 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
        Federal interest carrying out a restoration project under this 
        Act may include a nonprofit entity.
            (3) Recreational features.--
                    (A) In general.--Any recreational features included 
                as part of a restoration project shall comprise not 
                more that 30 percent of the total project cost.
                    (B) Non-federal funding.--The full cost of any 
                recreational features included as part of a restoration 
                project in excess of the amount described in 
                subparagraph (A) shall be paid by the non-Federal 
                interests.
            (4) Credit.--The non-Federal interests shall receive credit 
        toward the non-Federal share of the cost of design or 
        construction activities carried out by the non-Federal 
        interests (including activities carried out before the 
        execution of the cooperation agreement for a restoration 
        project) if the Secretary determines that the work performed by 
        the non-Federal interest is integral to the project.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $10,000,000 for fiscal year 2007; and
            (2) such sums as are necessary for each of fiscal years 
        2008 through 2016.
                                 <all>